Latest Articles

February 2024
NHTSA Issue ANPRM Regarding Advanced Drunk and Impaired Driving Prevention Technology

On January 5, 2024 the NHTSA published an Advanced Notice of Proposed Rulemaking (ANPRM) in the Federal Register. This notice deals with Advanced Impaired Driving ...

January 2024
EU Regulations on the In-Service Verification Testing of CO2 Emissions Published

(EU) 2019/631, which is the EU Regulation on the CO2 emissions performance standards for new passenger cars and for new light commercial vehicles, includes a requirement ...

December 2023
EU Regulation on Advanced Driver Distraction Warning Systems Published

On November 22, 2023, a new European Commission Delegated Regulation (EU) 2023/2590 on Advanced Driver Distraction Warning (ADDW) systems was published. The fitment of ...

2023

November 2023
Updates to Australian Design Rule on Side Impact Proposed

On September 22, 2023, the Australian Government published a proposed update to the Australian Design Rule (ADR) on dynamic side impact occupant protection; ADR 72/00. ...

October 2023
The NHTSA Issue a Proposal to Amend Anthropomorphic Test Devices

The NHTSA has published in the Federal Register a Notice of Proposed Rulemaking (NPRM) for an optional dummy to be part of 49 CFR Part 572, Anthropomorphic Test Devices. ...

September 2023
The Consumer Product Safety Commission (CPSC) Issues a Proposal to Amend Consumer Product Safety Standard for Four-Wheel All-Terrain Vehicles (ATVs)

The CPSC has published in the Federal Register an NPRM updating 16 CFR Part 1420 to reflect the latest version of ANSI/SVIA 1-2007. The major updates reflected in the ...

August 2023
Draft EU Regulation on Recyclability and End of Life Vehicles Published

Following a review of the current EC Directives on End of Life Vehicles (ELVs) and on the reusability, recyclability and recoverability of motor vehicles, the European ...

July 2023
The National Highway Traffic Safety Administration (NHTSA) Issued a Proposal to Add a New Federal Motor Vehicle Safety Standard (FMVSS) to Require Automatic Emergency Braking (AEB) for Light Vehicles

The new rulemaking requires Automatic Emergency Braking (AEB), including Pedestrian AEB (PAEB), systems on light vehicles. The new requirements (FMVSS 127 - Automatic ...

June 2023
The Environmental Protection Agency (EPA) Issued a Proposal to Amend Specific Provisions in the Greenhouse Gas Reporting Rule (40 CFR Part 98)

The Environmental Protection Agency (EPA) is updating the Greenhouse Gas Reporting Rule (GHGR). EPA indicates that this is being done to improve the quality and ...

May 2023
Draft EU Regulation on Advanced Driver Distraction Warning Systems Published

On March 24, 2023, the European Commission published a draft Delegated Regulation on Advanced Driver Distraction Warning (ADDW) systems, which are defined as systems that ...

April 2023
Updated UN ECE Regulation on Automated Lane Keeping Systems Published

Updated UN ECE Regulation on Automated Lane Keeping Systems Published On March 3, 2023, the 01 Series of Amendments to UN ECE Regulation No. 157 on Automated Lane ...

March 2023
Updates to UN ECE Regulation on Advanced Emergency Braking Systems for Heavy Vehicles Published

On February 21, 2023, an 02 Series of Amendments to UN ECE Regulation No. 131 on Advanced Emergency Braking Systems (AEBS) for heavy vehicles were formally published. The ...

February 2023
The EPA Proposes New Rule to Revise 2023 through 2025 Calendar Year Renewable Fuel Standard Program (40 CFR Part 80 and Part 1090)

The Environmental Protection Agency (EPA) issued proposed rulemaking in the December 30, 2022 Federal Register (F.R. Vol. 87 No. 250) - EPA 40 CFR Part 80 and Part 1090 ( ...

January 2023
Two New ECE Regulations to Protect Vulnerable Road Users Adopted

At the 188th session of the United Nations Economic Commission for Europe (UN ECE) World Forum for Harmonisation of Vehicle Regulations (WP.29) in November, two new UN ...

2022

December 2022
Draft EU Regulation on Euro 7 Emissions Requirements Published

A draft version of the new EU Regulation specifying the Euro 7 emissions requirements that will apply to all M and N category vehicles was published on the European ...

November 2022
Updates to UN ECE Regulation on Hydrogen Fuel Systems Published

United Nations Economic Commission for Europe (UN ECE) Regulation No. 134 on hydrogen fuel systems was originally published in June 2015 and, although its scope covered ...

October 2022
The Department of Transportation (DOT) Issued a Request for Information (RFI) Enhancing the Safety of Vulnerable Road Users at Intersections

The DoT is searching for data, information and ideas to make intersections safe for Vulnerable Road Users (VRUs) and vehicles. The request focuses on adapting existing ...

September 2022
Scope of EU Regulations on Heavy Duty Vehicle CO2 Emissions Expanded

To allow for the full implementation and monitoring of the European Union’s policies on the reduction of CO2 emissions from heavy duty vehicles, it will be necessary to ...

August 2022
NHTSA Issue a Notice of Proposed Rulemaking (NPRM) Regarding Event Data Recorders (EDRs)

The National Highway Traffic Safety Administration (NHTSA) is proposing to amend the regulation for Event Data Recorders (EDRs) to extend the recording period for timed ...

July 2022
Updates to the EU Regulation on Heavy Duty Vehicle Emissions Proposed to Cover Vehicles using Pure Biodiesel

With the increased commercial availability of diesel fuels containing a higher proportion of biodiesel, e.g. (B20) ad (B30), and even pure biodiesel (B100), the European ...

June 2022
Draft Updates to the EU Regulation on Light Duty Vehicle Emissions Published

On May 23, 2022, the European Commission published a draft Regulation containing proposed amendments to (EU) 2017/1151 on light duty vehicle emissions. The package of ...

May 2022
Draft EU Regulations on the Type Approval of Fully Automated Vehicles Published

The European Commission have recently published two draft EU Regulations which pave the way for the more widespread deployment of fully automated vehicles in Europe. One ...

April 2022
The National Highway Traffic Safety Administration (NHTSA) Issued a Request for Comments (RFC) Regarding Adding Additional Advanced Driver Assistance Systems (ADAS) to the New Car Assessment Program (NCAP) Plus Other Updates

NHTSA published in the Federal Register a Request for Comments (RFC) on proposed actions to the NCAP (New Car Assessment Program). These actions include adding four new ...

March 2022
Draft EU Regulation on Administrative Fines for Type Approval Non-Compliance Published

EU Regulation No. 2018/858 introduced provisions which require the European Commission to carry out compliance verification activities on vehicles and components that are ...

February 2022
The National Highway Traffic Safety Administration (NHTSA) Issued a Final Rule Creating FMVSS 227 – Bus Rollover Structural Integrity

On December 29, 2021 NHTSA published in the Federal Register a Final Rule (FR) establishing FMVSS 227 - Bus Rollover Structural Integrity. This FR ensures that bus roofs ...

January 2022
Scope of UN ECE Regulation on Tyre Pressure Monitoring Systems Extended

On December 17, 2021, the 01 Series of Amendments to UN ECE Regulation No. 141 on Tyre Pressure Monitoring Systems (TPMS) were formally published. The mandatory fitment ...

2021

December 2021
EU Regulation on Intelligent Speed Assistance Systems Published

On November 17, 2021, new European Commission Delegated Regulation (EU) 2021/1958 on Intelligent Speed Assistance (ISA) systems was published. The fitment of ISA systems ...

November 2021
EU and UN ECE Develop New Regulations on Event Data Recorders

In recent weeks, there have been some important developments in both the European Union (EU) and the United Nations Economic Commission for Europe (UN ECE) regarding new ...

October 2021
The Environmental Protection Agency (EPA) Proposed New Rule to Revise 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas (GHG) Emissions Standards

The EPA issued a proposal in the August 10, 2021 Federal Register to increase the stringency of GHG Emission and Fuel Economy on Light Vehicles. Near term actions are for ...

September 2021
EU Regulation on Driver Drowsiness and Attention Warning Systems Published

On August 16, 2021, new European Commission Delegated Regulation (EU) 2021/1341 on Driver Drowsiness and Attention Warning (DDAW) systems was published. The fitment of ...

August 2021
Two New ECE Regulations to Protect Vulnerable Road Users Published

The United Nations Economic Commission for Europe (UN ECE) have recently published two new UN ECE Regulations covering systems which are intended to assist drivers in ...

July 2021
Draft EU Regulation on Type Approval Market Surveillance Requirements Published

On June 8, 2021, the European Commission published a new draft EU Implementing Regulation for EU Regulation No. 2018/858 on the approval and market surveillance of motor ...

June 2021
NHTSA Seeks To Repeal The Safer Affordable Fuel-Efficient Vehicles Part One: One National Program

Published in the May 12, 2021 Federal Register, a Notice of Proposed Rulemaking (NPRM) proposes to fully repeal the regulatory text and appendices promulgated in the "The ...

May 2021
EU Regulation on Emergency Lane Keeping Systems Published

The mandatory fitment of Emergency Lane Keeping Systems (ELKS) is one of the new safety features required by EU Regulation 2019/2144, and to support the introduction of ...

April 2021
New UN ECE Regulation on Automated Lane Keeping Systems Published

On March 4, 2021, new United Nations Economic Commission for Europe (UN ECE) Regulation No. 157-00 on automated lane keeping systems was officially published. This new ...

March 2021
Draft EU Regulation on Driver Drowsiness and Attention Warning Systems Published

The mandatory fitment of Driver Drowsiness and Attention Warning (DDAW) systems is one of the new safety features mandated by EU Regulation 2019/2144, and to support the ...

February 2021
New Chinese Standards on Advanced Driver Assistance Systems Published

The Chinese Government have published three new standards which specifically cover advanced driver assistance systems. Chinese standard GB/T 39263-2020 specifies terms ...

January 2021
NHTSA Seeks Additional Input for Development of a Framework for Automated Driving System (ADS) Safety

As noted in the InterRegs December Bulletin, NHTSA had authored an ANPRM on Automated Driving Systems that was to be released in the Federal Register soon. In the ...

2020

December 2020
Updates to UN ECE Regulation on Advanced Emergency Braking Systems Published

Since the publication of the original version of UN ECE Regulation No. 152 on advanced emergency braking systems (AEBS) for M1 and N1 category vehicles, the Informal ...

November 2020
New Australian Road Vehicle Standards Legislation Published

In preparation for the mandatory implementation of the Australian Road Vehicle Standards Act 2018, on September 30, 2020, the Australian Government published a new 03 ...

October 2020
The NHTSA/DOT issue Interim Final Rule and Request for Comments Regarding Delay of FMVSS 141 Minimum Sound Requirements for Hybrid and Electric Vehicles

NHTSA has published an Interim Final Rule along with a Request for Comments in response to a petition asking for relief in meeting phase-in and full compliance dates for ...

September 2020
EU Proposes Revisions to the Post 2020 Average CO2 Monitoring Requirements for Light Duty Vehicles

As specified in Regulation (EU) 2019/631, the average CO2 emissions targets applicable to passenger car and light commercial vehicle manufacturers will switch from being ...

August 2020
New UN ECE Regulations on Cyber Security and Software Updates Adopted

At the 181st session of the United Nations Economic Commission for Europe (UN ECE) World Forum for Harmonisation of Vehicle Regulations (WP.29) in June 2020, two new ...

July 2020
New Chinese Standards on Electric Vehicles and Batteries Published

As part of an exercise to update the safety requirements applicable to electrically powered vehicles, China has recently published three new Chinese standards. GB 38031- ...

June 2020
Updates to ECE Regulation on Lighting Installation Adopted

At the 180th session of the United Nations Economic Commission for Europe (UN ECE) World Forum for Harmonisation of Vehicle Regulations (WP.29) in March 2020, an 07 ...

May 2020
National Highway Traffic Safety Administration Proposes Revisions to Federal Motor Vehicle Safety Standards (FMVSSs) to Accommodate Automated Driving Systems (ADS)

In the March 30th Federal Register (Vol. 85; No.61) the National Highway Traffic Safety Administration (NHTSA) published a proposal to modify many of the 200 Series ...

April 2020
Taiwan Delays the Introduction Dates for Certain New Safety Requirements

In January 2020, the Taiwanese Ministry of Transportation and Communications (MOTC) issued an updated version of their Motor Vehicle Safety Testing Regulations which ...

March 2020
USDOT Expands Autonomous Vehicle Support and Requests Comments

The Office of the Secretary for the United States Department of Transportation (USDOT) issued Automated Vehicles 4.0: Ensuring American Leadership in Automated Vehicle ...

February 2020
New ECE Regulation on Blind Spot Information Systems Published

On January 13, 2020, a new United Nations Economic Commission for Europe (UN ECE) Regulation on Blind Spot Information Systems for the detection of bicycles, ECE ...

January 2020
New EU General Safety Regulation Published

The long awaited new EU General Safety Regulation was finally published in the Official Journal of the European Union on 16th December 2019 as EU Regulation No. 2019/2144 ...

2019

December 2019
EU Regulation on Aerodynamic Devices for Trucks and Trailers Published

On November 12, 2019, a new EU Regulation was published which introduced amendments to EU Regulation No. 1230/2012 on the type approval requirements for masses and ...

November 2019
NHTSA Issues an Advanced Proposal for the Addition of a Seat Belt Use Warning System for Rear Seats

On September 27, 2019 (FR Vol. 84 No. 188) the National Highway Traffic Safety Administration (NHTSA) published an Advance Notice of Proposed Rulemaking (ANPRM) (Docket ...

October 2019
NHTSA Issues an NPRM to allow more Flexibility in the Pedestrian Alert Sounds of Hybrid and Electric Vehicles (HEVs)

On September 17, 2019 the National Highway Traffic Safety Administration (NHTSA) issued a Notice of Proposed Rulemaking (NPRM) to amend Federal Motor Vehicle Safety ...

September 2019
New EU Regulation on CO2 Emissions Targets for Heavy Duty Vehicles Published

On July 25, 2019, a new European Union Regulation specifying CO2 emissions reduction targets for heavy duty vehicles, EU Regulation No. 2019/1242, was published in the ...

August 2019
New UN ECE Regulation on Advanced Emergency Braking Systems Adopted

At the 178th session of the World Forum for Harmonisation of Vehicle Regulations (WP.29) in June 2019, a new UN ECE Regulation on Advanced Emergency Braking Systems (AEBS ...

July 2019
US Federal Agencies are Continuing to Pursue Rulemaking related to Autonomous Vehicles

On May 28, 2019 the National Highway Traffic Safety Administration (NHTSA) proposed an Advanced Notice of Proposed Rulemaking (ANPRM) and is seeking public comment on ...

June 2019
Draft Amendments to EU Regulation on Heavy Duty Vehicle Emissions Published

On 17th May 2019, the European Commission published a draft Regulation introducing "Step E" of the Euro VI heavy duty emissions requirements. The two main amendments ...

May 2019
Major Revisions to UN ECE Regulations on Lamps and Reflectors Adopted

At its recent 177th session, the World Forum for Harmonisation of Vehicle Regulations (WP.29) adopted three new United Nations Economic Commission for Europe (UN ECE) ...

April 2019
New Australian Road Vehicle Standards Legislation Published

A number of significant changes to the Australian legislative requirements regarding the importation and first provision of road vehicles and their components have been ...

March 2019
Draft EU Regulation on Aerodynamic Devices for Trucks and Trailers Published

On 30th January 2019, the European Commission published a draft Regulation proposing amendments to EU Regulation No. 1230/2012 on the type approval requirements for ...

February 2019
Updates to EU and UK Type Approval Requirements Published to Cover Brexit

The UK's impending departure from the European Union will have implications on the application and acceptability of European Union type approvals issued to passenger cars ...

January 2019
Updated ECE Requirements on Airbag Warning Labels Proposed

At the November session of the World Forum for Harmonisation of Vehicle Regulations (WP.29), an 08 series of amendments to United Nations Economic Commission for Europe ( ...

February 2024

NHTSA Issue ANPRM Regarding Advanced Drunk and Impaired Driving Prevention Technology

The National Highway Traffic Administration (NHTSA) published an Advanced Notice of Proposed Rulemaking (ANPRM) in the January 5, 2024 Federal Register (F.R. Vol. 89 No. 4; 49 CFR PART 571 Docket No. NHTSA-2022-0079). This ANPRM initiates rulemaking to gather information for developing performance requirements and to require new vehicles be equipped with advanced drunk/impaired driving prevention technology by a new Federal Motor Vehicle Safety Standard (FMVSS).

This ANPRM presents various NHTSA activities related to preventing drunk and impaired driving and discusses the current state of advanced impaired driving technology. The NHTSA also requests responses to many questions necessary to develop a Notice of Proposed Rulemaking (NPRM) regarding advanced drunk/impaired driving technology.

Since the 1970s the NHTSA has been actively involved in addressing alcohol-impaired driving which is a major cause of crashes and fatalities. Private and public researchers have also made significant progress on technologies that are capable of measuring and quantifying driver state and performance. Harnessing these technologies for drunk and impaired driving detection and prevention remains a significant challenge. The NHTSA's information gathering and research efforts have found that several technologies show promise for detecting various states of impairment, which for the purposes of this document are alcohol, drowsiness, and distraction. Challenges including distinguishing between different impairment states, avoiding false positives, and determining appropriate prevention countermeasures remain. Drugged driving is not being considered in this ANPRM due to technology and testing immaturity.

The Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law or BIL) directs the NHTSA to issue a Final Rule (FR) establishing an FMVSS that requires new passenger vehicles to have 'advanced drunk and impaired driving prevention technology' by 2024, but only if it meets the requirements of the National Traffic and Motor Vehicle Safety Act. (Safety Act). This ANPRM presents:

  • Summary of NHTSA's knowledge of alcohol's impact on driver performance
     
  • Seeks comment on a variety of issues related to the state of development of driver impairment detection technologies
     
  • Sets forth the research and technological advancements necessary to develop a FMVSS for driver impairment
     
  • Presents three regulatory options for how the agency might mitigate driver impairment:
  1. Blood alcohol content detection
  2. Impairment-detection (driver monitoring)
  3. Combination of the two.

Based on the language in BIL, the NHTSA believes that Congress did not intend to limit NHTSA's efforts to alcohol impairment. Therefore, this ANPRM also covers two additional impairment states: drowsy driving and distracted driving. These states were chosen due to the size of the safety problem (in particular that of distracted driving) and that certain sensor technologies that have the potential to detect or assist in detecting alcohol impairment and are or can be incorporated into driver monitoring systems (DMS) that may also detect drowsy and distracted driving. The agency is interested in learning more from commenters about what technologies and associated metrics might identify multiple types of impaired drivers. It is also important to be clear here that driving while impaired with drugs other than alcohol (drugged driving) is not within the scope of this ANPRM even though drug impairment is also a significant problem.

Section 24220 of BIL, Advanced Impaired Driving Technology directs the NHTSA to issue a FR prescribing an FMVSS 'that requires passenger motor vehicles manufactured after the effective date of that standard to be equipped with advanced drunk and impaired driving prevention technology.' The NHTSA is required to issue such a rule only if it would meet the criteria in Section 30111 of the Safety Act, which includes, among other things, that an FMVSS be objective, practicable, and meet the need for motor vehicle safety. In analyzing these criteria, NHTSA must balance benefits and costs and consider safety as the preeminent factor in its considerations.

The NHTSA also sought input from the public on impaired driving technologies in a November 12, 2020 Request for Information. It requested details about technologies that can detect degrees of driver impairment through a range of approaches including: monitoring driver action, activity, behavior, or responses; monitoring driver impairment; monitoring a driver's physical characteristics, and technologies or sensors that aim to achieve direct measurement of a driver's physiological indicators that are already linked to forms of impaired driving. The NHTSA received 12 responses which they included in the ANPRM as a high-level summary.

Specific areas where the NHTSA requests responses for the ANPRM proposals include the following topics:

  • Questions on technologies that passively monitor the performance of a driver to accurately detect whether that driver may be impaired - feedback on the two technology scan findings, could SAE Level 2 driving automation systems mask drunk driving, limitations of vehicle sensor-based impairment detection systems, input on how a test procedure for driver impairment detection systems could be developed and executed in a FMVSS, performance requirement should the NHTSA consider to mitigate defeat strategies, metrics and thresholds or combination thereof, impairment detection system to determine what kind of impairment a driver has, are there characteristics that would separate sober impairments from alcohol-induced impairments, certain conditions that might result in false positives in certain situations or with certain populations, precision and accuracy required for driver monitoring technology, under what conditions should a vehicle allow a driver to turn off driver impairment monitoring if at all, other innovative technologies such as impaired-voice recognition that could be used to detect driver impairment at start-up, level of sensitivity and specificity is necessary to ensure the DMS technology does not unduly burden unimpaired drivers or prevent unimpaired drivers from driving, how can developers of DMS technology ensure that people with disabilities are not disproportionately impacted, how repeatable and reliable must these systems be, the physical destruction or misuse concerns, how can NHTSA best ensure these systems meet what can be done to mitigate physical destruction or misuse concerns, how can the NHTSA, in the context of an FMVSS, best ensure these systems meet the needs of vehicle users of all genders, races and ethnicities, and those with disabilities.
     
  • Questions on technologies aimed at passively and accurately detecting whether the BAC of a driver of a motor vehicle is equal to or greater than .08g/dL - the NHTSA seeks any new information on technologies that can passively and accurately detect whether the BAC of a motor vehicle driver is equal to or greater than .08g/dL, should regulatory options use BAC/BrAC in isolation to determine whether drivers are above the legal limit, are commenters concerned about using the legal limit (.08g/dL) when there are indications that some individuals exhibit intoxication that would impact driving at lower or higher levels, is a BrAC detection that correlates to a BAC of .08g/dL or above sufficiently accurate, would a standard that allows or requires systems that approximate BAC using BrAC (at any concentration) meet the Safety Act's requirement that standards be objective, how a .08g/dL BAC detection test procedure could be developed and executed in a FMVSS, when during a vehicle's start-up sequence an impairment detection measurement should occur, should BAC/BrAC measurements required on an ongoing basis once driving has commenced, operational difficulties in using touch-based sensing (e.g., consumer acceptance in colder climates when gloves may interfere) or in using breath-based sensing (e.g., mouthwash, vaping, alcohol-drenched clothing, or other false positive indicators), what can be done to mitigate physical destruction and passively monitor misuse, cybersecurity threats related to impairment detection systems.
     
  • Questions on technologies aimed at a combination of driver impairment and BAC detection - to both passively and accurately detect .08g/dL BAC and passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired, are there interim strategies that the NHTSA should pursue if an alcohol impairment detection system utilizes both BAC detection and DMS components, which DMS metrics best complement a BAC system to ensure accuracy, precision, and reliability, possible benefit of a hybrid approach is that a camera system could help prevent intentional defeat of BAC/BrAC sensors, could the camera provide additional benefits against defeating the system, the NHTSA is considering a phased approach which could have a first phase that aims to address alcohol-impaired drivers with a BAC of .15g/dL or higher where an alcohol sensor could have better accuracy, in combination with a camera-based DMS and/or other vehicle technologies, By improving accuracy, it may gain more consumer acceptance by lowering the false positive rate and would also target the drivers with the highest levels of impairment, an option could also be a system with primary and secondary indicators within a driver impairment algorithm, a system could incorporate a zero or low (.02g/dL) tolerance BAC detection technology to initially sense whether alcohol is present vehicle which could serve to 'wake up' a driver impairment algorithm. Since this could be hand sanitizer or alcohol on a person's clothing, a second confirmation of driver impairment from a driver monitoring system would be needed. Given this approach, would such a system allow a vehicle to better distinguish between alcohol impairment and other forms of impairment, the NHTSA notes that it has not identified any passive, production-ready, alcohol-impaired driver detection technology capable of accurate detection at .02g/dL.
     
  • Questions on proposed vehicle interventions once driver impairment or BAC Is detected - how would an alcohol-impaired person react to their vehicle not starting, how can/should this be considered, the pros/cons of an ignition interlock as opposed to a transmission interlock prevention method for internal combustion engine vehicles, comment on any adverse consequences of an impaired driver being unable to drive his/her vehicle, should there be an override feature for emergencies. should the maximum speed of the vehicle be limited during override, how could an override feature be preserved for extreme situations and not used routinely when alcohol-impaired, if a system detects alcohol impairment prior to the start of a trip and an interlock is activated, should retest(s) be allowed, at what elapsed time interval(s), the NHTSA especially seeks comment on test/data analysis methods for determining an optimal retest interval strategy, should data be recorded on the vehicle if retesting is permitted.
     
  • Questions on vehicle warnings once impairment Is detected - the NHTSA is aware of many vehicle manufacturers using visual/auditory warnings and encouraging drivers to take a break from the driving task, also visual/auditory/haptic warnings to identify distracted driving or hands off the steering wheel while Level 2 driving automation systems are engaged, support for the effectiveness of these warnings, the NHTSA's research suggested that indicators of alcohol impairment are often also potential indicators of other conditions, research and information on what warning strategy would effectively encourage both drivers that are alcohol-impaired and drivers that have a different impairment to improve their performance, research to support that a warning would only be effective for a distracted driver or a drowsy driver, but may aggravate an alcohol-impaired driver, other adverse consequences from using warnings to address multiple types of impairment, how manufacturers balance multiple alerts in response to different impairment detections, the many forms of impairment, if systems are developed that can distinguish effectively between alcohol impairment and other forms, is it practicable to employ a variety of different responses, will multiple warnings or other interventions for different forms of impairment confuse drunk drivers and lessen effectiveness for responses to drunk driving, how multiple warnings, may impact drivers with an auditory or sensory processing disability, some drivers, types of warning escalation strategies (timing, perceived urgency, and frequency) are used in industry and are they consistent among manufacturers.
     
  • Questions on vehicle Interventions once detected (on-road) - vehicle interventions in use today for SAE Level 2 driving automation systems when the system detects the driver is incapacitated, what prevents their use in being coupled with driver impairment or BAC detection technology, what is the feasibility of using these interventions without engaging Level 2 driving automation, stopping in the middle of the road could introduce new motor vehicle safety problems including potential collisions with stopped vehicles and impaired drivers walking in the roadway, strategies can be used to prevent these risks, minimum sensor and hardware technology that would be needed to pull over to a slower lane or a shoulder and the cost.
     
  • Questions on other approaches to reduce impaired driving - As vehicle technologies continue what steps or approaches should the NHTSA including potential partnerships with States or other entities, best practices States have found, sharing information about drunk driving conviction.
     
  • Questions about privacy and security considerations - personal privacy considerations are critical to the design of any system that monitors driver behavior or condition, considerations are also one component of consumer acceptance, privacy considerations related to use and potential storage of data by alcohol and impairment detection systems, how best to preserve driver and passenger personal privacy, any additional security vulnerabilities that these systems would present, suggestions regarding how the agency should go about educating the public about security and privacy aspects of advanced impairment and drunk driving detection.
     
  • Question about consumer acceptance - legitimate consumer acceptance issues related and suggestions for how the agency might be able to craft future proposed performance requirements.
     
  • General Questions for the Public - any reliability or durability considerations for alcohol impairment detection technology that may impact functionality over its useful life, any information regarding the final installed costs including maintenance costs, propose a standardized telltale indicator (or set of telltales) indicating that impairment has been detected (and/or that vehicle systems have been limited in response, standardized industry telltales or indicators already developed for this sort of system that the NHTSA should consider, the NHTSA broadly seeks comment on how to best ensure that manufacturers have the flexibility to develop more effective impairment detection technology while preserving a minimum level of accuracy and reliability, should NHTSA consider establishing a requirement that allows a vehicle's BAC detection threshold to be adjusted downward based on the BAC thresholds of local jurisdictions or fleet owners, behavioral safety campaigns haves plateaued so should the NHTSA devote more of its behavioral safety resources towards those programs and efforts that address underlying contributors to alcohol use disorder including drunk driving, mental health conditions effective behavioral safety campaigns or tactics the NHTSA is not using.

Comments for this advanced proposal should be submitted not later than March 5, 2024.

Bob Pheiffer